9911796707
TMI Blog1996 (8) TMI 172X X X X Extracts X X X X X X X X Extracts X X X X ..... R. Sharma, Member (T)]. By the ROM application, the applicant has prayed for the fixation of date for hearing of ROM application before the Bench consisting of three Members. Shri N. Singh, the ld. Counsel arguing on the application submitted that the Apex Court in the case of ELPRO International Ltd. reported in 1996 (84) E.L.T. 406 held that judicial propriety and fairness require that so ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Members; that the objection was overruled and the rectification application was rejected. 2. Shri M. Ali, the learned SDR appearing for the respondent submits that insofar as the constitution of the Bench is concerned, he has nothing more to add in view of the Apex Court s decision in the case of ELPRO International Ltd. 3. On careful consideration of the submissions made by both sides, we ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arim Hazi v. Custodian General, New Delhi and Others reported in AIR 1964 SC 1256 which was neither cited nor relied upon by the litigants; and (3) that the Tribunal relied on Public Notice No. 33/88. 5. Shri N. Singh, the learned Counsel reiterated the above mistakes. 6. Shri M. Ali, the learned SDR appearing for the respondents submitted that both the judgments of the Tribunal in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sense that they apply to all actions after the date they come into force. Thus, there can be no mistake apparent in respect of this nor can it be treated as a mistake. We also observe that the Tribunal discussed the controversy raised by the appellants that the P.N. No. 33/88 is undated in the first instance and that it cannot be inferred therefrom that it is prevalent before the importation of c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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